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Remote Court Proceedings Becoming Crucial as Courts Limit Hours Due to COVID-19

The spread of COVID-19 in West Virginia accelerated in mid-summer and into fall. As a result, courts in some of the state’s more heavily affected areas implemented protocols and procedures Read More

How Conspiracy Tolls the West Virginia Statute of Limitations

Every state has laws that limit the time plaintiffs have to sue. Sometimes, though, the law allows for extending, or “tolling,” the time limit in certain circumstances. For instance, West Read More

West Virginia Limits Wrongful Death Suits on Behalf of Unborn Children

The West Virginia Supreme Court of Appeals has previously permitted a wrongful death lawsuit in behalf of a nonviable child still in the womb. Now, the court has curtailed its Read More

Understanding the Duty to Provide Reasonable Accommodations for Disabled Employees

The West Virginia Human Rights Act requires employers to provide “reasonable accommodations” to disabled employees where necessary to allow them to perform their job duties. In a recent decision, the Read More

West Virginia Top Court Declines to Review Claims Commission Decisions

The West Virginia Constitution makes the state government immune to suits against it. However, the state legislature may temper the harshness of that prohibition by enacting bills appropriating money to Read More

Private Employee Fired for Reporting Alleged Criminal Activity Cannot Bring Retaliatory Discharge Suit

Although West Virginia is an at will employment state, where employers may normally fire their employees with or without cause, the state Supreme Court of Appeals has made an exception Read More

West Virginia Supreme Court Tightens Pleading Standards in Wrongful Discharge Cases

West Virginia is an “at will” employment state, where an employer may normally fire its employees with or without cause, but an exception to that rule is when the termination Read More

Federal Trade Commission Proposes Changes to Standards for Safeguarding Customer Information

It is important to protect customers’ private information. Automobile dealerships understand that, as does the Federal Trade Commission (FTC). As part of that understanding, car dealers have been required to Read More

Court Finds Termination of Employment Does Not Contravene the Family and Medical Leave Act

From a distance, when an employer terminates an employee right after that employee takes medical leave under the Family and Medical Leave Act (FMLA), it looks suspicious. And in fact, Read More

Court Upholds Dismissal for Failure to Prosecute in Tobacco Claim

The story is a familiar one for tobacco manufacturers embroiled in litigation: even if you win, the lawsuits keep coming. A decision from the West Virginia Supreme Court of Appeals Read More

Viewing 41 - 50 out of 126 posts

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